Countermajoritarian Federalism

11 Pages Posted: 2 Mar 2006 Last revised: 21 May 2014

See all articles by Thomas H. Lee

Thomas H. Lee

Fordham University School of Law


The seeming oxymoron of the title describes a preference for more popularly responsive rule, i.e., federalism, but by the least democratic subnational governmental unit-state judiciaries. In this short essay, Professor Lee introduces the concept of countermajoritarian federalism and suggests that it may explain Justice Stevens' jurisprudence of federalism.

Keywords: federalism, Justice Stevens, state judges

JEL Classification: K1, K2, K3, K4

Suggested Citation

Lee, Thomas H., Countermajoritarian Federalism. Fordham Law Review, Vol. 74, 2006; Columbia Public Law Research Paper No. 06-109. Available at SSRN:

Thomas H. Lee (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
212.636.6728 (Phone)

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